Trade marks 1

	management
	Trade marks

What is a Trade Mark?

A trade mark is quite simply any sign which is used by a trader to distinguish their goods or services from those of another trader. More often than not, words or a logo are used, but traders can also use packaging, sounds and even smells to differentiate their products from those of their competitors.

Successfully managed, your trade mark is one of the most valuable marketing tools at your disposal.

Should I protect my Trade Mark?

Quite simply, yes! When a great deal of time, effort and money has been spent on developing your trade mark in the market place, its unauthorised use could cost you goodwill and essentially business.

If your trade mark has been registered then you can sue the offending party for infringement. For you to succeed, you need only to show that the other party has used a mark similar to your own for goods or services that are also similar.

If however your trade mark has not been registered, you are still entitled to protection but must seek help through the courts under the common law action of 'passing off'. This is much more difficult to prove, but you can sue the offending party if it has used its mark in a way such that the market place is fooled into thinking its goods or services are actually yours.

The best protection is undoubtedly obtained through registering your trade mark.